Cheerleaders are also vulnerable to swift
termination of employment if they «have contact with a player even if not initiated by the cheerleader» or if they «post a picture that is considered «semi-nude» or «lingerie»» by a team official.
Your employer is allowed to approach you about a potential
termination of your employment if, and only if, it is to discuss a Settlement Agreement.
Not exact matches
If suspicious trading is traced to individual flight attendants, management warned, investigations could follow and lead to «suspension
of individual trip trade capabilities and, in egregious cases, corrective action up to and including
termination of employment.»
We provide information below about (1) the circumstances under which these options and stock awards vest upon
termination of employment or the occurrence
of certain acquisitions, and (2) the hypothetical value each such named executive would have received,
if any, upon the vesting
of any
of these option or stock awards as
of that date under those circumstances, assuming each named executive's
employment with the Company had terminated or the acquisition had been consummated as
of December 31, 2009 and based on an NYSE closing price per share
of our common stock on that date
of $ 26.99.
The option expires at the end
of the Offering Period, upon
termination of employment, or
if the employee becomes ineligible, whichever is earlier, but is exercised at the end
of each Offering Period to the extent
of the contributions accumulated during such Offering Period.
If we terminate Mr. Drexler's
employment without cause or he terminates his
employment with good reason, Mr. Drexler will be entitled to receive (i) a payment
of his earned but unpaid annual base salary through the
termination date, any accrued vacation pay and any un-reimbursed expenses, and (ii) subject to Mr. Drexler's execution
of a valid general release and waiver
of claims against us, as well as his compliance with the non-competition, non-solicitation and confidential information restrictions described below, (a) a payment equal to his annual base salary and target cash incentive award, one - half
of such payment to be paid on the first business day that is six (6) months and one (1) day following the
termination date and the remaining one - half
of such payment to be paid in six equal monthly installments commencing on the first business day
of the seventh calendar month following the
termination date, (b) a payment equal to the product
of (x) the last annual cash incentive award Mr. Drexler received prior to the
termination date and (y) a fraction, the numerator
of which is the number
of days
of service completed by Mr. Drexler in the year
of termination and the denominator
of which is 365, such amount to be paid on the first business day that is six (6) months and one (1) day following the
termination date, and (c) the immediate vesting
of such portion
of unvested restricted shares and stock options as provided and pursuant to the terms
of the relevant grant agreements under our 2003 Equity Incentive Plan.
Notwithstanding any provision in the Plan to the contrary, an Associate's Continuous Status is not terminated for purposes
of the Associate's Stock Appreciation Rights
if immediately upon the
termination of the Associate's
employment relationship with Walmart or an Affiliate the Associate becomes a Non-Management Director.
We provide information below about (1) the circumstances under which the vesting
of these options and stock awards would accelerate upon
termination of employment or the consummation
of an «acquisition transaction» (as defined below) and (2) the hypothetical value each such named executive would have received,
if any, upon the vesting
of any
of these option or stock awards as
of that date under those circumstances, assuming each named executive's
employment with the Company had terminated or the acquisition had been consummated as
of December 31, 2011 and based on an NYSE closing price per share
of our common stock
of $ 27.56 on December 30, 2011, the last trading date in 2011.
We provide information below about (1) the circumstances under which the vesting
of these options and stock awards would accelerate upon
termination of employment or the consummation
of an «acquisition transaction» (as defined below) and (2) the hypothetical value each such named executive would have received,
if any, upon the vesting
of any
of these option or stock awards as
of that date under those circumstances, assuming each named executive's
employment with the Company had terminated or the acquisition had been consummated as
of December 31, 2010 and based on an NYSE closing price per share
of our common stock on that date
of $ 30.99.
«The vesting
of each executive's awards will accelerate upon
termination of his
employment for any reason (including a resignation for good reason) other than cause, death or disability (as such terms are defined in such executive's
employment agreement)
if such
termination takes place upon or within two years following a change in control (as defined in such executive's
employment agreement) that occurs during the term
of his
employment agreement and such executive signs a general waiver and release that has become effective.»
If you face any
employment consequences as a result
of your actions, such as discipline or
termination, or are asked to sign an acknowledgment that you have voluntarily resigned, you should feel free to contact us.
If the Release Requirements are satisfied, then the portion of any payments that would otherwise have been paid during the period between the Termination Date and the Release Date shall instead be paid as soon as reasonably practicable following the Release Date (or, if the Review Period applies and the Board has notified you that it is reviewing your cessation of employment under the lookback provisions of the Cause definition, the end of the Review Period with regard to payments that qualify as short term deferral under Section 409A of the Code
If the Release Requirements are satisfied, then the portion
of any payments that would otherwise have been paid during the period between the
Termination Date and the Release Date shall instead be paid as soon as reasonably practicable following the Release Date (or,
if the Review Period applies and the Board has notified you that it is reviewing your cessation of employment under the lookback provisions of the Cause definition, the end of the Review Period with regard to payments that qualify as short term deferral under Section 409A of the Code
if the Review Period applies and the Board has notified you that it is reviewing your cessation
of employment under the lookback provisions
of the Cause definition, the end
of the Review Period with regard to payments that qualify as short term deferral under Section 409A
of the Code).
I / we agree that
if any material change (s) occur (s) in my / our financial condition that I / we will immediately notify BSHFC
of said change (s) and unless Baby Safe Homes Franchise Corporation is so notified it may continue to rely upon the application and financial statement and the representations made herein as a true and accurate statement
of my / our financial condition.nI / we authorize Baby Safe Homes Franchise Corporation to make whatever credit inquiries / background checks it deems necessary in connection with this application and financial statement.nI / we authorize and instruct any person or consumer reporting agency to furnish to BSHFC any information that it may have to obtain in response to such credit inquiries.nIn consideration
of the ongoing association between Baby Safe Homes and the undersigned applicant (hereinafter u201cApplicantu201d), the parties hereto have entered into this Non-Disclosure and Non-Competition Agreement.nWHEREAS, in the course
of its business operations, Baby Safe Homes provides its customers products and services which, by nature
of the business, include trade secrets, confidential and proprietary information, and other matters deemed material or important enough to warrant protection; and WHEREAS, Applicant, by reason
of his / her interest in Baby Safe Homes and in the course
of his / her duties, has access to said secrets and confidential information; and WHEREAS, Baby Safe Homes has trade secrets and other confidential and proprietary information, including procedures, customer lists, and particular desires or needs
of such customers to which Applicant has access in the course
of his / her duties as an Applicant.nNow, therefore, in consideration
of the premises contained herein, the parties agree as follows Applicant shall not, either during the time
of his / her franchise evaluation with Baby Safe Homes or at any time thereafter either directly or indirectly, communicate, disclose, reveal, or otherwise use for his / her own benefit or the benefit
of any other person or entity, any trade secrets or other confidential or proprietary information obtained by Employee by virtue
of his / her
employment with Baby Safe Homes, in any manner whatsoever, any such information
of any kind, nature, or description concerning any matters affecting or relating to the Baby Safe Homes business, or in the business
of any
of its customers or prospective customers, except as required in the course
of his / her
employment by Baby Safe Homes or except as expressly authorized Baby Safe Homes Franchise Corporation, in writing.nDuring any period
of evaluation with Baby Safe Homes, and for two (2) years thereafter, Applicant shall not, directly or indirectly, induce or influence, divert or take away, or attempt to divert or take away and, during the stated period following
termination of employment, call upon or solicit, or attempt to call upon or solicit, any
of the customers or patrons Baby Safe Homes including, but not limited to, those upon whom he / she was directly involved, or called upon, or catered to, or with whom became acquainted while engaged in the franchise evaluation process
of a Baby Safe Homes franchise business.
A district school board may establish policies to provide for a lump - sum payment for accrued vacation leave to an employee
of the district school board upon
termination of employment or upon retirement, or to the employee's beneficiary
if service is terminated by death.
Also, the loan becomes immediately due upon
termination of employment, even
if the
termination was involuntary (i.e. the employee was laid off or fired).
I understand that there is no express or implied contract
of employment and that
if employed I have been hired at the will
of the employer and that my
employment may be terminated at will, at any time: and with or without cause the employer's only obligation being to pay salary or wages due and owing at the time
of termination.
You understand that false information may be grounds for not hiring you or for immediate
termination of employment at any point in the future
if you are hired.
If CONSULTANT's
employment with EMPLOYER terminates for any reason, the CONSULTANT shall not, for a period
of one year from the date
of termination, have any business dealings whatsoever, either directly or indirectly or through corporate entities or associates with any customer or client
of EMPLOYER or its subsidiaries or any person or firm which has contacted or been contacted by EMPLOYER as a potential customer or client
of EMPLOYER;
By the same token, vendors would be prudent to refrain from providing their staff with any form
of notice or
termination pay
if the express intention
of the purchaser is to make offers
of employment to the staff following closing.
Under the common law, the sale
of a business results in the
termination of employment of the employees
of the selling employer, even
if they are employed by the purchaser following the sale.
For example,
if an
employment contract provides for less than the statutory minimum entitlements that result from terminating
employment, then the employer will become liable for payment in lieu
of reasonable
termination notice at common law — often far exceeding the statutory minimums.
Under the
Employment Standards Act, severance pay is defined and is an amount
of money an employer needs to pay an employee on
termination if certain conditions are met.
A contract is a contract and, as expressed by Chief Justice Winkler on behalf
of a unanimous court, «From a practical perspective, it is worth repeating that
if parties to an
employment agreement specifying a fixed amount
of damages intend for mitigation to apply upon
termination without cause, they must express that intention in clear and specific language in the contract.»
If entitled, terminated employees are to be paid severance in a lump sum amount equivalent to one week
of non-overtime wages per completed year
of employment up to a maximum
of 26 weeks, within 7 days
of termination.
Justices Moldaver and Wagner, on the other hand, did find prima facie discrimination based on the reasoning that Stewart's drug dependency was a factor in the
termination of his
employment, even
if it was not the only factor or even a primary factor.
Despite the fact that section 97
of the
Employment Standards Act (ESA) specifies that an employee who files a complaint with the MOL for unpaid
termination and severance pay under the ESA can not commence a civil proceeding for wrongful dismissal
if the complaint and the proceeding would relate to the same matter, 236
of the class members who had filed a complaint under the ESA had joined the class action suit.
To put it another way,
if an employee becomes sick or injured while employed and therefore covered by a group policy
of insurance, a subsequent
termination of employment should be irrelevant to the issue
of whether the employee is eligible to make application for coverage to the insurer.
Remember that even
if an employee does not suffer mental distress, a trial judge might extend the period
of reasonable notice
if an employer advances grounds for
termination that reduce the availability
of alternate equivalent
employment — a step taken by the trial judge which was undisturbed by the Court
of Appeal.
The main exception is
if the employer has an established severance plan which binds them to offer a settlement upon
termination of employment.
The importance
of the decision for Mr. Escudero is that,
if a link between the
termination of his
employment and the application
of the obligations and rights mentioned above is established, then a reprisal will have occurred and the Board has held that it is able to provide him with a remedy.
With respect to the issue
of what happens
if the employee becomes sick or injured subsequent to the
termination of his
employment, during which period
of time he ought to have had coverage under an LTD policy, see my summary
of the Brito case in the post The Requirement to Maintain Disability Benefits on Dismissal.
In such clauses the parties should address when such bonus payments will be made, to what extent,
if any, the bonuses are discretionary and whether the employee will be entitled to payment
of bonus subsequent to
termination of employment.
If you are an employer and are faced with serious misconduct by an employee, it is important to be mindful
of how the misconduct affects the
employment relationship when considering
termination without notice or severance pay.
If a
termination clause contracts out
of an
employment standard, the entire
termination clause must be found void, resulting in reasonable notice.
If the amount
of pay or notice in the contract could fall below the minimum
termination notice required by the
Employment Standards Act, a court will not enforce it.
If you are an individual looking for assistance with respect to the
termination of our
employment, contact the experienced and cost - effective
employment lawyers for employees at Ottawa's Kelly Santini LLP; we would be happy to be
of service to you.
This is in contrast to the current position, where payments in lieu
of notice (PILONs) on
termination of employment benefit from the # 30,000 income tax exemption
if the employer does not have a contractual right to pay in lieu
of notice.
For its part, Ainsworth, the employer, argued that he had been given 15 months» working notice
of termination and,
if he found new
employment during that time, he would be taken to have resigned and Ainsworth's only remaining financial obligation would be to «top up» his income for the remainder
of the notice period
if it was lower than his income at Ainsworth.
Any employer has not met those standards
of termination, or has acted in a way that violates one
of these exceptions, can be sued for wrongful
termination, even
if the employee worked under an at - will
employment contract.
Does the contract stipulate the period
of notice or compensation in lieu
of notice that must be provided at the time
of termination and,
if so, does the
termination clause meet the minimum requirements prescribed under Ontario's
Employment Standards Act?
If the terms
of the
employment contract attempt to significantly alter the basic terms
of the offer (such as changing the offer from a contract
of indefinite duration to a fixed - term contract, changing previously offered
termination notice to the statutory minimums, or adding restrictive covenants such as non-solicitation and non-competition) there may be a lack
of consideration in the contract, thus rendering it invalid.
An employee who has worked for a company less than 5 years may also be entitled to severance pay
if the
termination occurred because
of a permanent discontinuance
of all or part
of the employer's business, and the employee is one
of 50 or more employees who have their
employment relationship severed within a six - month period as a result.
For example,
if an employer were to change the existing
employment contract so as to eliminate an existing contractual or common law right
of the employee (such as benefits, vacation time or
termination notice), consideration may not be present so as to constitute a valid contract, thus rendering the contract invalid.
If your condominium corporation is considering terminating its
employment relationship with a superintendent, the board
of directors should obtain professional advice on the proper methods for doing so, including best practices for conducting a
termination meeting, the law regarding
termination pay and notice requirements, and how to best protect the condominium corporation from a wrongful dismissal or human rights claim by the terminated employee.
For example,
if the
employment contract does not contain a
termination clause the court will find that there is an implied term in the
employment contract that the contract may only be terminated by the employer without cause by providing the employee with reasonable notice
of notice
of dismissal.1 Express and implied terms in a contract are equivalent in effect.2
The clauses in
employment contracts that are most likely to be the subject
of a legal dispute between an employee and employer are: (i) the
termination clause or,
if the contract does not contain a
termination clause the employee's entitlement to reasonable notice (ii) clauses that set out an employee's entitlement to variable compensation such a bonus, commission and / or stock options; and (iii) restrictive covenants (e.g. non-competition and / or non-solicitation clauses).
If the option holder's
employment with the corporation and / or a subsidiary, as the case may be, is terminated for any reason other than set forth in paragraphs 6, 7 or 8 above, whether such
termination be voluntary or involuntary, without his having fully exercised his option, the option shall be cancelled and he shall have no further rights to exercise his option or any part thereof and all
of his rights hereunder shall terminate as
of the effective date
of such
termination.
The purpose
of a progressive disciplinary plan is to ensure that the employee understands the seriousness
of his or her misconduct and the result (i.e.
termination of employment)
if the misconduct continues.
We also include a short review
of a recent decision
of the Ontario Court
of Appeal that underscores the importance
of having properly drafted
employment contracts if you are trying to limit your obligations upon termination to an employee's Employment Standards Act, 2000 minimum ent
employment contracts
if you are trying to limit your obligations upon
termination to an employee's
Employment Standards Act, 2000 minimum ent
Employment Standards Act, 2000 minimum entitlements.
If a termination clause could breach the Employment Standards Act, 2000 (the «ESA») at some point in the future, the clause is void and unenforceable even if the dismissed employee receives all necessary entitlements under the ESA at the time of terminatio
If a
termination clause could breach the
Employment Standards Act, 2000 (the «ESA») at some point in the future, the clause is void and unenforceable even
if the dismissed employee receives all necessary entitlements under the ESA at the time of terminatio
if the dismissed employee receives all necessary entitlements under the ESA at the time
of termination.